Legal Opinion
Scaccia v. Degener
Appellate Division of the Supreme Court of the State of New York
Decided August 4, 1994PublishedCited by 3 opinions
1Opinion of the Court
—Casey, J.
Appeal from an order of the Supreme Court (Travers, J.), entered May 27, 1993 in Rensselaer County, which denied defendants’ motion for summary judgment dismissing the complaint.
Defendants contend that this Court should abandon its line of cases which hold that an unsworn medical report of a physician is hearsay and therefore inadequate to support a motion for summary judgment (see, e.g., Rapp v Suriano, 162 AD2d 837, 838; Plouffe v Rogers, 144 AD2d 218, 219). According to defendants, when a plaintiffs physician prepares a medical report, the physician is acting as the plaintiffs…
2Cases cited5 opinions
- Meese v. MillerAppellate Division of the Supreme Court of the State of New York · 1981
- Heller v. Peekskill Community HospitalAppellate Division of the Supreme Court of the State of New York · 1993
- Plouffe v. RogersAppellate Division of the Supreme Court of the State of New York · 1988
- Dudek v. SinisiAppellate Division of the Supreme Court of the State of New York · 1993
- Rapp v. SurianoAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by3 opinions
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